VYPEEN TRANSPORT CORPORATION P LTD Vs. STATE TRANSPORT APPELLATE TRIBUNALTRICHUR

JUDGEMENT

(1.) These Original Petitions are to cull up to the High Court the order of the State Transport Appellate Tribunal, Trichur dated 2 4 1959, passed in Motor Vehicles Act Appeals Nos. 24 to 28, 31, 32, 38, and 43 of 1959 to be quashed by an order under Art.226 and 227 of the Constitution on the ground that the said order is vitiated by gross errors apparent on the face of the record.

(2.) There is an island near the Cochin Harbour, by name Vypin, 15 miles in length and 1J miles in breadth which is very thickly populated. Stage carriage coaches are plying through the entire length of this island from Vypin to Pallipuram. There are six buses running regular services on this route, but they are found inadequate to meet the pressure of passenger traffic therein-Accordingly, the Regional Transport Authority, Ernakulam (hereinafter referred to as the R. T. A.) by a notification dated 11-8-1958 invited applications for the grant of permits for putting four additional stage carriages on the above said route. 86 applications came forth from 85 applicants including the six existing operators on the route. They were duly published under S.57 (3) of the Motor Vehicles Act. Representations against one another's application were then filed. There was a public hearing as contemplated in S.57 (5) of the Act. And, then, the R. T. A. by its order dated 30-11-1958 granted one permit each to applicants Nos 23, 48, 64 and 77. (It is convenient to refer to these applicants by the order of their applications as was done by the Transport Authorities). Against that order several appeals were preferred before the State Transport Appellate Tribunal (hereinafter referred to as S. T. A. T.), and they were all disposed of by one order dated 2-4-1959. The S T. A. T. confirmed the grant of permits to applicants Nos. 48 and 64, but set aside the grant of permits to applicants Nos. 23 and 77, and in their stead granted one permit each to applicants Nos: 4 and 31. The nine Original Petitions before us were filed by applicants Nos. 1,2,3,5, 17, 23, 30, 50 and 77, seeking to have the order of the S. T. A. T. quashed by a writ of Certiorari or other appropriate writ on the ground that the said order is based on considerations which are not germane to the issue according to the provisions of the Motor Vehicles Act and that the order is vitiated by gross errors apparent on the face of the record.

(3.) The six existing operators running stage carriages on the route are applicants Nos. 1 to 5 and 17. Two other applicants, namely, Nos. 30 and 31 were running buses on the same route sometime ago. With regard to the services operated by these 8 applicants, the Police at Nharakkal have given the R. T. A. a list of convictions for overloading, irregular running and non maintenance of trip sheets in the buses. That list was appended to the order of the R. T. A.; and on its basis the R. T. A. rejected their applications with the following observations:-